Labor and Employment on May 3, 1991 states that “[t]he accreditation of a
principal or a project may be transferred to another agency, provided, that transfer
shall not involve any diminution of wages and benefits of workers”; respondent
instituted her complaint precisely on her claims of diminution of wages and
benefits and the breach of contractual obligations.[8]
JSCI appealed to the NLRC invoking anew that it is not liable in view of the
transfer of its accreditation. It likewise repeated its argument that respondent paid
only the amount of P18,350.00 as placement fee.
On November 25, 1997, the NLRC modified the decision of the Labor
Arbiter by dismissing the case against JSCI and holding petitioner solely liable for
respondent’s claims.[9] It sustained JSCI’s view that petitioner should shoulder the
liability as transferee agent in accordance with the POEA Rules. The NLRC
deleted the award of excess placement fee after considering that Official Receipt
No. 5890 dated October 28, 1994 showed that respondent paid the amount of
only P18,350.00.[10]
Petitioner filed a motion for reconsideration[11] but it was dismissed in the
NLRC Resolution dated February 19, 1998.[12]
On May 4, 1998, petitioner filed a petition for certiorari before us, docketed
as G.R. No. 133361.[13] On June 22, 1998, the Court granted the temporary
restraining order prayed for in the petition and required the NLRC and respondent
to comment thereon.[14]